London and Quadrant and the Walthamstow Greyhound Racing Stadium site.

SOS letter to HCA the social housing regulator (17 April 2012) and their response (17 May 2012)

Copies of the above letters are enclosed for your attention (listed below this posting).

The regulator has missed the point of our representation completely. Kevin Millgate has simplistically taken each allegation in turn and advised why the regulator does not have a remit to raise regulatory concern.

There are three areas of inadequacy in this instance that are sufficient to warrant investigation, our list of allegations should be read collectively. Together they provide evidence that cannot be ignored and which gives the regulator a remit to intervene.

Area of concern 1

What the regulator should be looking at here is the incompetence and mis-management of development activities by this RSL. Our allegations and the submitted evidence demonstrate this on one, major site beyond reasonable doubt. How many other sites lay in their books in a similar state?

We note that key development staff involved in the acquisition of this site has now all left the employ of L&Q. What other financial disasters have they left in their wake?

We have demonstrated to the regulator that this site will make a substantial loss of millions of pounds. Mr Millgate’s comments about rental income and retail rents in his reply to allegation 7 simply demonstrate that he does not understand the figures presented to him. These values have been capitalised in the viability illustrations we supplied with our letter.

These figures have now been confirmed by the release of L&Q’s own viability analysis (attached) submitted with the application and disclosed after a tortuous freedom of information battle whilst they desperately battled to keep the information from the public. They are also confirmed by the GLA’s own commissioned viability report which shows the scheme just about breaks even-so long as you ignore the price paid for the site (£18m) and the holding costs since 2008 (about £3m).

What needs investigation by the regulator is the competence of the development department at L&Q. Our allegations demonstrate why this is required based on our experiences at just one of their sites. There are others we know of in the same or neighbouring boroughs such as at Cat Hill where equally low provision of affordable and social units are being proposed due to very poor / negative viability positions.

The Walthamstow Stadium site provides only 24 affordable rent units and no social rented units at all. Given that the regulator is supposed to be checking that the RSL has a ‘strategic approach to achieving value for money in meeting their objectives’, we suggest that this very much demonstrates why an investigation is needed…assuming you agree that L&Q’s objective is one of delivering social and affordable housing?

As far as can be determined, the L&Q development team were all career RSL officers with very little private sector / commercial experience. It should be of concern to the regulator that such significant strategic mistakes have come to light and this RSL should be investigated to see where else their poor development acquisitions might be being covered up.

At a meeting about the Walthamstow Stadium site in 2011, L&Q’s Chief Executive stated, in front of both local MP’s, that they had a bank-roll of £400m and could deal with the financial ups and downs of the property market. The point here is, if they have many other ‘Walthamstow Stadiums’ in their portfolio, that £400m might start to look inadequate. It is hardly a value for money strategy for the use of publicly funded reserves is it?

Further when the viability position was eventually disclosed L&Q’s spokesperson proudly announced that they were not concerned and any shortfall’s would be funded from their reserves. The local Guardian’s quote was ‘L&Q said it did not consider the shortfall to be a “loss” because it would be funded by its reserves’. Well, L&Q’s reserves are funded by the taxpayer.

Most importantly, with respect to this issue, is the perception of the markets on L&Q’s financial position. L&Q recently raised significant sums on the bond market. To maintain investor confidence, the regulator should double check on this development department and make sure they don’t have any more skeletons in their cupboard. As we have stated above we mainly have knowledge of their operations in Waltham Forest but the problem may exist in other boroughs. The regulator is on notice with respect to this matter and failure to act could subsequently leave responsibility for failings of L&Q at the door of the HCA and the GLA. The money involved here (in the order of £20m) relates to the order of magnitude of sums published in recent regulator judgements and which have prompted intervention and investigation of RP’s. Why do L&Q not warrant the same level of scrutiny?

Area of Concern 2

L&Q has consistently misled the local public in their dealings with the site. The planning meeting last year provided a graphic demonstration of public discontent. Their actions have caused significant anger and frustration with the people of the borough of Waltham Forest where they are a partner/approved RSL. This has brought the RSL into disrepute and L&Q is widely viewed as an arrogant developer with little concern for the local communities.

When the new regulatory body was launched you will probably be aware of its luke-warm reception by those interested in the self regulated RSL sector. Another toothless lap-dog rather than a watch-dog summed up the response. Co-regulation wasn’t working and the initial response from Kevin Millgate suggests those sentiments might have been correct. We hope you will review this matter and instruct the investigation that is required. The money being wasted is neither the officers’ nor the board’s money. It is public money and must not be squandered like this.

Area of Concern 3

Boris Johnson publicly stated when he decided to allow the local planning decision to stand, that the L&Q scheme ‘more or less breaks even’. This showed an astonishing ignorance of the BNPParibas viability report which his own officers had commissioned to inform him about the viability of the L&Q development (copy attached). It only just about breaks even if the purchase price and holding costs are conveniently ignored (the purchase price alone was £18m).

What is the point in the GLA commissioning an expensive and professionally prepared report if they don’t actually understand what it is telling them.

Even more worryingly, the GLA is now responsible for handing out affordable housing grants and seems to be committed to contribute several hundreds of thousands to L&Q’s efforts here. Presumably the ignorance of this viability position continues at City Hall as all this grant money does is help L&Q offset some of their horrendous losses.

This is a public disgrace. The Local Authority contrived to help L&Q get their planning permission through for this redevelopment against the wishes of the majority of the local population. Our campaign group reluctantly accepts that this travesty has now probably run its course. HOWEVER…..that does not mean that the regulators and all those interested in efficient use of public funds should now turn a blind eye to this blatant waste of public money by an incompetent Housing Association’s development team. Similarly, how can the GLA be trusted with distribution of affordable housing grant when quite clearly the senior officers and the Mayor himself cannot correctly interpret a viability report (which they actually commissioned).

]]>https://saveourstow.wordpress.com/2013/02/22/letter-to-the-rt-hon-eric-pickles/feed/2saveourstowWALTHAMSTOW STADIUM-COUNCIL DECISION FIXED?https://saveourstow.wordpress.com/2013/01/15/walthamstow-stadium-council-decision-fixed/
https://saveourstow.wordpress.com/2013/01/15/walthamstow-stadium-council-decision-fixed/#commentsTue, 15 Jan 2013 12:18:33 +0000http://saveourstow.wordpress.com/?p=1160Continue reading →]]>Walthamstow Stadium took a sensational twist yesterday that could throw the whole application out with legal challenges to the council now set to follow. The Chief Whip has been accused of fixing planning applications in the Borough by the Chair of the planning committee, Councillor Barnett.

Councillor Barnett accepts that the matter must be fully investigated and that the matter calls in to question the decision of the committee to approve planning permission to London & Quadrant. It is alleged that pressure was put on fellow Councillor Ebony Vincent who voted in favour of the L&Q application in the 4:3 decision.

Saveourstow and Stow Residents Association claimed that the decision was predetermined in their opening speech at the planning meeting. A councillor told the association that a “political” decision had already been made before the committee sat.

We welcome the ‘whistle blowing’ and urge the council to offer no resistance to the judicial review. If the council is to retain any shred of credibility whatsoever, there must not only be an investigation in to the whole matter including the Walthamstow Stadium application but this investigation must be fully independent and not internal.

Click here to read the full story in this weeks Local Guardian Newspaper

Please refer to page 13 of the July 2011 assessment and page 15 of the May 2012 assessment.

The July 2011 assessment shows a £14.5m loss prepared and submitted at a time when L&Q was trying to negotiate no S106 contributions and hence they were showing the scheme is not viable and that therefore no S106 contributions could be made. You will note that, at that point, the land cost of £18m was included within costs.

The July 2012 assessment, when instead L&Q was trying to show that the scheme was viable (when it clearly wasn’t), shows a £576K loss. But, in order to achieve this, THELAND COST HAS BEEN REDUCED TO £0 and other figures drastically altered. For example, the residential build costs have been reduced from £32.9m to £28.6m and private build sales increased from £51.9m to £54.5m.

How can the Mayor of London state on TV that the scheme ‘breaks-even’ given these circumstances? It is equally appalling that he stated that there is no viable alternative when L&Q was offered £16m for a site valued by L&Q at anywhere between £0 and £7m and the Mayor has figures that show the track would make millions per annum and provide hundreds of local jobs paid in accordance with the London Living Wage.

We will let you draw your own conclusions but Waltham Forest Council, Mayor Johnson and the GLA should hang their heads in shame.

]]>https://saveourstow.wordpress.com/2012/11/29/stow-viability-cover-up%e2%80%8f/feed/3saveourstowWalthamstow stadium: “This is not over,” pledges Duncan Smith as campaign turns fire on Borishttps://saveourstow.wordpress.com/2012/11/11/walthamstow-stadium-this-is-not-over-pledges-duncan-smith-as-campaign-turns-fire-on-boris/
https://saveourstow.wordpress.com/2012/11/11/walthamstow-stadium-this-is-not-over-pledges-duncan-smith-as-campaign-turns-fire-on-boris/#commentsSun, 11 Nov 2012 16:09:03 +0000http://saveourstow.wordpress.com/?p=1151Continue reading →]]>Work and pensions secretary Iain Duncan Smith in his capacity as MP for Chingford and Woodford Green will on Tuesday meet his cabinet colleague Eric Pickles, the communities and local government (CLG) secretary, for urgent discussions about the fate of the famous Walthamstow greyhound racing stadium amid claims that Boris Johnson has misled Londoners about the viability of a controversial scheme to redevelop the site, and that officials in Pickles’s department colluded with the London Borough of Waltham Forest to prevent Pickles using his powers to intervene.

Duncan Smith will be accompanied to Tuesday’s meeting by the area’s other local MP, Labour’s Stella Creasy, to make a joint request that Pickles examines a trail of alleged irregularities in the progress of the plans and looks at its full financial history.

]]>https://saveourstow.wordpress.com/2012/11/11/walthamstow-stadium-this-is-not-over-pledges-duncan-smith-as-campaign-turns-fire-on-boris/feed/1saveourstowIain Duncan Smith to meet Eric Pickles on Tuesdayhttps://saveourstow.wordpress.com/2012/11/10/iain-duncan-smith-to-meet-eric-pickles-on-tuesday/
https://saveourstow.wordpress.com/2012/11/10/iain-duncan-smith-to-meet-eric-pickles-on-tuesday/#commentsSat, 10 Nov 2012 19:01:45 +0000http://saveourstow.wordpress.com/?p=1143Continue reading →]]>Save Our Stow would like to thank everyone who turned up at the demo today. Rick Holloway gave a rousing speech saying “The fight for saving the Stow continues and we will not stop until we have it back.”

Iain Duncan Smith who was also present at the demo gave his full support and will be meeting Eric Pickles, the Secretary of State on Tuesday for a frank discussion on why L&Q should not be allowed to build on the site when using tax payers money to cover their losses, why the Mayor made the wrong decision and that there is an alternative plan that would provide more social housing than L&Q and still retain the greyhound track!

]]>https://saveourstow.wordpress.com/2012/11/10/iain-duncan-smith-to-meet-eric-pickles-on-tuesday/feed/1saveourstowSupporters show their anger towards L&Q!Special announcement to be made at tomorrow demohttps://saveourstow.wordpress.com/2012/11/09/special-announcement-to-be-made-at-tomorrow-demo/
https://saveourstow.wordpress.com/2012/11/09/special-announcement-to-be-made-at-tomorrow-demo/#commentsFri, 09 Nov 2012 11:46:56 +0000http://saveourstow.wordpress.com/?p=1140Continue reading →]]>Iain Duncan Smith will be making a very important announcement at tomorrow’s demonstration outside Walthamstow Stadium at 1pm. The fight is not over and so we are asking everyone to show their support tomorrow.

Please Facebook this post to all your family and friends, we need everyone to attend!

]]>https://saveourstow.wordpress.com/2012/11/07/stow-shambles-hits-national-newspapers/feed/2saveourstowCalls for council to be investigated over Stowhttps://saveourstow.wordpress.com/2012/11/06/calls-for-council-to-be-investigated-over-stow/
https://saveourstow.wordpress.com/2012/11/06/calls-for-council-to-be-investigated-over-stow/#commentsTue, 06 Nov 2012 21:17:51 +0000http://saveourstow.wordpress.com/?p=1134Continue reading →]]>CALLS are mounting for Waltham Forest Council to be investigated after it fast-tracked plans to turn Walthamstow Stadium into a housing estate – preventing the government from stepping in to stop it.

Chingford MP Iain Duncan Smith and Walthamstow MP Stella Creasy both urged residents to write to Mr Pickles, saying he had 21 days to take action before the council formally acknowledged Mr Johnson’s decision and issued final planning permission.

But the council then took the step of quickly issuing the paperwork within 48 hours, leaving Mr Pickles powerless to intervene.

Mr Duncan Smith is among those now calling for Whitehall to investigate the council’s actions and claims that it is biased in favour of the scheme’s developers, housing association London and Quadrant (L&Q).

The council has always strongly denied that it has been anything less than independent throughout the process.

We are asking ALL supporters to please attend as we will have mass media coverage.

Spread the word we must stop £22 million of loss to the tax payer and stop L&Q destroying our heritage !!

See you there.

]]>https://saveourstow.wordpress.com/2012/11/02/demonstration-to-save-our-stow-planned-for-saturday-10th-november/feed/6saveourstowEmail the Secretary of State now !!!https://saveourstow.wordpress.com/2012/10/31/the-fight-continues-we-have-20-days-to-get-the-secretary-of-state-to-intervene/
https://saveourstow.wordpress.com/2012/10/31/the-fight-continues-we-have-20-days-to-get-the-secretary-of-state-to-intervene/#commentsWed, 31 Oct 2012 18:31:45 +0000http://saveourstow.wordpress.com/?p=1126Continue reading →]]>Send your email to eric.pickles@communities.gsi.gov.uk and please include your name and address in all your correspondence with the Secretary of State.

This a suggested email … Just copy and paste it

“Dear Mr Pickles,

I’m writing to you as a concerned taxpayer to ask you to exercise your power as Secretary of Stateor Communities and Local Government to call in the decision by Waltham Forest Council and the Mayor of London to approve planning for the Walthamstow Dogtrack to be turned into a housing estate. This is because I believe this development raises serious questions of national importance about value for money to the taxpayer.

In particular, I’m deeply troubled by the evidence that this development will lose money for L&Q – who receive public subsidy as a registered social landlord- given their own viability assessment which they sought to keep out of the public domain shows a loss of £14m. Furthermore, the nature of the section 106 agreement for this proposal is also unclear and there is a lack of any social housing in this development, despite being in an area with a need for such properties. Therefore,without scrutiny I am concerned that if this development goes ahead it may set a new and troubling
precedent on questions of value for money for housing, not just in Walthamstow but across the country. The existence of a viable alternative that is in keeping with the heritage of this site and would provide not only leisure facilities but also housing and living wage jobs further compounds the concerns many have about the decision to approve L&Q’s plans. As someone who has previously shown a strong interest in this development, please urgently exercise your power as Secretary of
State to call in this decision to ensure the public purse is not at risk from this proposal.

I look forward to a positive response and thank you for help in investigating this matter.